Emmanuel Malion

We've seen a range of, you know, what courts have found to be quite lawless retaliation against legal observers, people that are, you know, filming ICE in their enforcement activities.

You know, there are people being sprayed in the face with all sorts of chemical rounds.

People have been shot with guns.

less lethal ammunition you know all these sorts of things and so what i try to tell them is know your rights and understand that your rights are tentative and tenuous and there are real risks anytime that you go and confront somebody that has you know the ability under law to enforce with violence and at this point in time seem to believe themselves to be unaccountable

We should understand that the general police power is reserved to the states, to local authorities.

And so generalized response to crime, charging people, arrests for any number of municipal violations, state violations.

criminal statutes, all of that is firmly within the jurisdiction of state and local policing.

Whereas ICE is really supposed to be doing one thing, and that's enforcing federal law under federal statute.

And one of the things that we are seeing, especially in the lawsuit from

Minnesota versus Nome, this is the lawsuit that was filed last week from the state against DHS and a number of actors, is this argument that ICE is impeding the ability of state and local law enforcement to do its job, that it's essentially commandeering state and local law enforcement for its purposes, not because they're carrying out immigration enforcement on their behalf, but because they're having to respond so much to the lawlessness of ICE activity here in the state that we're not able to direct our

policing resources where they otherwise might be needed.

ICE is supposed to be enforcing the law as authorized under statute federally, and that is the limitation.

To the extent that they can arrest somebody for impeding or obstructing their

under federal statute, they can do that.

They can, you know, for example, if somebody throws a snowball at them while they're conducting an ICE arrest, it would be, you know, fairly clear that they'd be entitled to go and arrest that person for a violation for trying to impede their enforcement authority.

But what they're certainly not supposed to be doing is general protest control, crowd control.

They're not supposed to be really engaging legal observers.

They're not supposed to be enforcing traffic stops, for example.

And so what we're seeing certainly on the ground is that they seem to be reading their authority as incredibly expansive authority.

And in some cases making the suggestion that they can not only engage in targeted immigration stops, but they're entitled to stop anybody in the city of Minneapolis for any reason as part of this overall operation.